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Judgments of Supreme Court of India and High Courts

Indian Penal Code vs In Re: Subhajit Ghosh on 16 December, 2019



l No.118
CRM 11878 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 12.12.2019 in connection with Nowda Police Station
Case No. 327/19 dated 06.12.2019 under Sections 498A/Section341/Section325/Section307 of the
Indian Penal Code.


In Re: Subhajit Ghosh
… … Petitioner.

Ms. Rina Banerjee
… for the petitioner.

Ms. Sayanti Santra
… … for the State.

It is submitted on behalf of the petitioner that he is being harassed by

instituting a serious of false cases by the de facto complainant/wife.

Learned lawyer for the State opposes the prayer for anticipatory bail and submits that the

petitioner had tried to kill the victim.

Having considered the materials on record and bearing in mind the nature

of allegations and as no cut injury is noted in the injury report, we are inclined to

grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner be released

on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only),

with two sureties of like amount each, to the satisfaction of the arresting officer

and also be subject to the conditions as laid down under Section 438(2) of the

Code of Criminal Procedure, 1973 and on further condition that the petitioner

shall not enter the jurisdiction of Nowda Police Station until further orders

except for the purposes of investigating and/or for attending the court

proceedings and shall provide the address where the petitioner shall presently

reside to the Investigating Agency as well as the Court below and shall report to

the Officer-in-Charge of the concerned police station within whose jurisdiction

the petitioner shall presently reside once in a week until further orders and on

condition that the petitioner shall appear before the court below and pray for

regular bail within a period of four weeks from date.

The application for anticipatory bail is, thus, disposed of.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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